United States Federal Circuit

Where the original mark was not inherently distinctive and had not acquired distinctiveness, and the proposed registration mark is not deceptive or deceptively misdescriptive, a proposed mark containing the registered mark is not likely to confuse.

Appellate Information

• Decided 01/31/2001
• Published 01/31/2001

Judges

• MAYER, Chief Judge., Before MAYER, Chief Judge, LOURIE and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Ray L. Weber, Renner, Kenner, Greive, Bobak, Taylor & Weber, of Akron, OH, argued for appellant.


• For Appellees:
  
• Jude A. Fry, Fay, Sharpe, Fagan, Minnich & McKee, L.L.P., of Cleveland, OH, argued for appellee. With him on the brief were Patrick R. Roche, and Sandra M. Koenig.